Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Rules and Regulations 57789 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Issued in Seattle, Washington on 

September 10, 2013. 

Christopher Ramirez, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2013–22818 Filed 9–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

Docket No. FAA–2013–0457; Airspace 

Docket No. 13–AWP–5 

Establishment and Modification of 

Class E Airspace; Oakland, CA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Metropolitan Oakland 

International Airport, Oakland, CA, to 

accommodate aircraft using the Area 

Navigation (RNAV) Global Positioning 

System (GPS) standard instrument 

approach procedures at Metropolitan 

Oakland International Airport. This 

action also modifies Class E surface 

airspace designated as an extension to 

Class C airspace by removing the 

navigation aids from the airspace 

designation. This improves the safety 

and management of Instrument Flight 

Rules (IFR) operations at the airport. 

DATES: Effective date, 0901 UTC, 

December 12, 2013. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On July 3, 2013, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish and modify controlled airspace 

at Oakland, CA (78 FR 40076). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Class E airspace designations are 

published in paragraphs 6003 and 6005, 

respectively, of FAA Order 7400.9X 

dated August 7, 2013, and effective 

September 15, 2013, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

within a 9-mile radius of Metropolitan 

Oakland International Airport, Oakland, 

CA, with a segment extending from the 

9-mile radius to 26 miles northwest of 

the airport. This controlled airspace 

accommodates IFR aircraft executing 

RNAV (GPS) standard instrument 

approach procedures at the airport. This 

action also modifies Class E airspace 

designated as an extension to Class C 

airspace by removing the navigation 

aids from the regulatory text and 

replacing them with airport reference 

points. This action is necessary for the 

safety and management of IFR 

operations. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified this rule, when promulgated, 

does not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. The FAA’s 

authority to issue rules regarding 

aviation safety is found in Title 49 of the 

U.S. Code. Subtitle 1, Section 106 

discusses the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. This 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

additional controlled airspace and 

modifies controlled airspace at 

Metropolitan Oakland International 

Airport, Oakland, CA. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR Part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013 is amended as 

follows: 

Paragraph 6003 Class E Airspace 

Designated as an Extension to Class C 

Surface Areas. 

* * * * * 

AWP CA E3 Oakland, CA [Modified] 

Metropolitan Oakland International Airport, 

CA 

(Lat. 37°43′17′′ N., long. 122°13′15′′ W.) 

That airspace extending upward from the 

surface within 2.7 miles each side of the 

Metropolitan Oakland International Airport 

110° bearing extending from the 5-mile 

radius of the airport to 9 miles east of the 

airport. This Class E airspace area is effective 

during the specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 


tkelley on DSK3SPTVN1PROD with RULES
57790 Federal Register / Vol. 78, No. 183 / Friday, September 20, 2013 / Rules and Regulations 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

AWP CA E5 Oakland, CA [New] 

Metropolitan Oakland International Airport, 

CA 

(Lat. 37°43′17′′ N., long. 122°13′15′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 9-mile radius 

of the Metropolitan Oakland International 

Airport and within 4 miles each side of the 

airport 305° bearing extending from the 9- 

mile radius of the airport to 26 miles 

northwest of the airport. 

Issued in Seattle, Washington on August 

29, 2013. 

Christopher Ramirez, 

Acting Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2013–22819 Filed 9–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2013–0503; Amdt. No. 91– 

328] 

RIN 2120–AK25 

Adoption of Statutory Prohibition on 

the Operation of Jets Weighing 75,000 

Pounds or Less That Are Not Stage 3 

Noise Compliant 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; disposition of 

comments. 

SUMMARY: On July 2, 2013, the FAA 

published a final rule (78 FR 39576) 

amending the airplane operating 

regulations to include certain provisions 

of the FAA Modernization and Reform 

Act of 2012 that affect jet airplanes with 

a maximum weight of 75,000 pounds or 

less operating in the United States. We 

solicited public comment on the final 

rule even though the FAA is not 

authorized to change the statutorily 

mandated prohibition. This action 

responds to the public comment the 

FAA received. 

ADDRESSES: You may review the public 

docket for this rulemaking (Docket No. 

FAA–2013–0503) at the Docket 

Management Facility in Room W12–140 

of the West Building Ground Floor at 

1200 New Jersey Avenue SE., 

Washington, DC, 20590–0001 between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. You 

may also review the public docket on 

the Internet at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Sandy Liu, AEE–100, 

Office of Environment and Energy, 

Federal Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone: (202) 

493–4864; facsimile (202) 267–5594; 

email: sandy.liu@faa.gov. 

For legal questions concerning this 

action, contact Karen Petronis, AGC– 

200, Office of the Chief Counsel, 

International Law, Legislation, and 

Regulations Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone: (202) 267–3073; email: 

karen.petronis@faa.gov. 

SUPPLEMENTARY INFORMATION

Background 

In section 506 of the FAA 

Modernization and Reform Act of 2012 

(‘‘the Act’’), Congress prohibits the 

operation of jet airplanes weighing 

75,000 pounds or less in the contiguous 

United States after December 31, 2015, 

unless the airplanes meet Stage 3 noise 

levels. The Act also describes certain 

circumstances under which otherwise 

prohibited operations will be allowed. 

These provisions have been codified at 

Title 49, Section 47534 of the United 

States Code. This final rule incorporates 

those provisions into the regulations of 

part 91 of Title 14 of the Code of Federal 

Regulations (part 91). 

Discussion of Comments 

The FAA received one comment from 

General Electric (GE), who informed the 

FAA that a hushkit modification for the 

Dassault Falcon 20 model airplane is 

still available. 

There are an estimated sixty-nine (69) 

Falcon 20 airplanes registered in the 

United States. If all of the owners chose 

to purchase the hushkit, doing so would 

reduce the societal cost of the statute 

estimated in the preamble to the final 

rule. The choice to hushkit or remove 

the airplane from U.S. service is a 

decision to be made by the airplane 

owners. The statutory prohibition 

remains in effect, and nothing about the 

FAA’s adoption of the statutory 

language into part 91 is affected by the 

availability of the hushkit, or the 

decisions of the airplane owners. 

When the regulatory analysis for the 

final rule was prepared, it accurately 

reflected market conditions. However, it 

is not unusual for the marketplace to 

react to a regulation. If there are 

additional hushkits or other 

modifications that become available for 

other affected airplanes, they will have 

no effect on the statute or the FAA’s 

adoption of the language, as noted 

above. The choice to modify airplanes 

remains with airplane owners. The FAA 

does not intend to amend the original 

final rule estimates, as they may 

continue to change. 

Correspondence received by the FAA 

from Dassault Falcon Jet Corporation 

and GE regarding the hushkit product 

information have been posted in the 

docket for this final rule. 

Issued in Washington, DC on September 9, 

2013. 

Lourdes Maurice, 

Director, Office of Environment and Energy. 

[FR Doc. 2013–22850 Filed 9–19–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

[Docket No. 121231747–3659–01] 

RIN 0625–AA94 

Extension of Time Limits 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Department of Commerce 

(the Department) is modifying its 

regulation concerning the extension of 

time limits for submissions in 

antidumping (AD) and countervailing 

duty (CVD) proceedings. The 

modification clarifies that parties may 

request an extension of time limits 

before any time limit established under 

Part 351 expires. This modification also 

requires that an extension request must 

be made in a separate, stand-alone 

submission, and clarifies the 

circumstances under which the 

Department will grant untimely-filed 

requests for the extension of time limits. 

DATES: Effective date: October 21, 2013. 

Applicability date: This rule will apply 

to all segments initiated on or after 

October 21, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Joanna Theiss at (202) 482–5052. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 16, 2013, the Department 

published a proposed modification of its 

regulation at 19 CFR 351.302, which 

concerns the extension of time limits for 

submissions in AD and CVD 

proceedings. See Modification of 

Regulation Regarding the Extension of 

Time Limits, 78 FR 3367 (January 16, 

2013) (Proposed Rule). The Department 


tkelley on DSK3SPTVN1PROD with RULES